

[Federal Register: September 20, 2007 (Volume 72, Number 182)]
[Rules and Regulations]               
[Page 53686-53687]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se07-8]                         


[[Page 53686]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0450; FRL-8469-4]

 
Approval and Promulgation of Air Quality Implementation Plans; 
Delaware; Amendments to the Open Burning Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware. This SIP revision pertains to the 
amendments of Delaware's open burning regulation. EPA is approving this 
SIP revision in accordance with the Clean Air Act.

DATES: Effective Date: This final rule is effective on October 22, 
2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2007-0450. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the electronic 

docket, some information is not publicly available, i.e., confidential 
business information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through http://www.regulations.gov or in hard 

copy for public inspection during normal business hours at the Air 
Protection Division, U.S. Environmental Protection Agency, Region III, 
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State 
submittal are available at the Delaware Department of Natural Resources 
& Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, 
Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at quinto.rose@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On June 21, 2007 (72 FR 34207), EPA published a notice of proposed 
rulemaking (NPR) for the State of Delaware. The NPR proposed approval 
of Delaware's open burning regulation (Regulation No. 1113). The formal 
SIP revision was submitted by the Delaware Department of Natural 
Resources and Environmental Control (DNREC) on May 2, 2007. Other 
specific requirements of Delaware's open burning regulation and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here. No public comments were received on the NPR.

II. Final Action

    EPA is approving Regulation No. 1113--Open Burning as a revision to 
the Delaware SIP. This SIP revision was submitted on May 2, 2007.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not 
have tribal implications because it will not have a substantial direct 
effect on one or more Indian tribes, on the relationship between the 
Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes, 
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
This action also does not have Federalism implications because it does 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 
This action merely approves a state rule implementing a Federal 
requirement, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This rule 
also is not subject to Executive Order 13045 ``Protection of Children 
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 
23, 1997), because it approves a state rule implementing a Federal 
standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by November 19, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action, pertaining to Delaware's amendments to the 
open burning regulation, may not be challenged later in proceedings to

[[Page 53687]]

enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 6, 2007.
William T. Wisniewski,
Acting Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart I--Delaware

0
2. In Sec.  52.420, the table in paragraph (c) is amended by revising 
the title and entries for Regulation No. 13--Open Burning to read as 
follows:


Sec.  52.420  Identification of plan.

* * * * *
    (c) * * *

                                                      EPA-Approved Regulations in the Delaware SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
          State citation                Title/subject      effective date            EPA approval  date                    Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulation 1113                                                             Open Burning (Formerly Regulation 13)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 1.0.......................  Purpose..............        04/11/07  09/20/07 [Insert page number where the
                                                                            document begins].
Section 2.0.......................  Applicability........        04/11/07  09/20/07 [Insert page number where the
                                                                            document begins].
Section 3.0.......................  Definitions..........        04/11/07  09/20/07 [Insert page number where the
                                                                            document begins].
Section 4.0.......................  Prohibitions and             04/11/07  09/20/07 [Insert page number where the
                                     Related Provisions.                    document begins].
Section 5.0.......................  Season and Time              04/11/07  09/20/07 [Insert page number where the
                                     Restrictions.                          document begins].
Section 6.0.......................  Allowable Open               04/11/07  09/20/07 [Insert page number where the
                                     Burning.                               document begins].
Section 7.0.......................  Exemptions...........        04/11/07  09/20/07 [Insert page number where the
                                                                            document begins].

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[FR Doc. E7-18352 Filed 9-19-07; 8:45 am]

BILLING CODE 6560-50-P
